COMISIÚN NA MEÁN, Ireland’s media watchdog, has begun a formal review of online platforms including the likes of Tiktok, X and Youtube, which will investigate why people are having difficulty reporting illegal content online.

Under the EU Digital Services Act (DSA), online platforms are required to act on reports of illegal content. Illegal content can include, for example, child sexual abuse material or terrorist propaganda. 

Minister for Health Stephen Donnelly recently launched a taskforce with a mandate to protect children from being exposed to harmful content online, saying that the State would no longer be “asking nicely” when it deals with social media sites and apps.

“I think the time of asking or expecting online platforms do the right thing is over,” he said. ”

“I think we might as well be asking tobacco companies to do the right thing.”

The Comisiún’s concerns have come following an initial review, alongside information gathered from its Contact Centre, and complaints passed on by other European regulators. 

“An Coimisiún is now initiating a formal review of online platforms’ systems, to ensure that the platforms are complying with their obligations under the EU Digital Services Act,” the watchdog said.

The DSA mandates that platforms must have easy to access and user-friendly ways to report illegal content and must also have a clear and accessible point of contact for such reports. 

“Coimisiún na Meán has now issued formal requests for information to a range of platforms for further comprehensive detail on their approach to reporting options for illegal content and points of contact for users,” a spokesperson for the watchdog said.

“Once the information gathering phase is complete, Coimisiún na Meán will engage with the platforms to ensure that their reporting mechanisms and point of contacts comply with the requirements of the DSA.” 

Failure to comply with requests to address shortcomings from Coimisiún na Meán can lead to a formal investigation and possible sanctions in the form of fines. 

“An Coimisiún can also enter into a binding commitment agreement with a platform, in which the platform gives undertakings to bring its behaviour into line with the law.”

John Evans, digital services commissioner at Coimisiún na Meán, said “The DSA is a landmark law aimed at creating a safer and fairer online environment for users.”

However, he said its effectiveness “hinges on the full implementation of its provisions by platforms”. 

“Of the complaints we have from people in Ireland and across Europe about online platforms, one in three are about problems when reporting illegal content online. We are intervening now to ensure that platforms follow the rules so that people can effectively exercise their rights under the DSA.’’

Niamh Hodnett, who is online safety commissioner at the watchdog, said, “We are committed to using the full range of powers available under our Online Safety Framework to hold platforms to account for keeping people safe online”.

“Through the DSA, our upcoming Online Safety Code and the EU Terrorist Content Online Regulation, we are working towards a digital landscape where adults and children can go online without fear of being harmed by the content or behaviour they come across.”

The companies being looked into as part of the review include YouTube, TikTok, X (Twitter), LinkedIn, Temu, Pinterest, Etsy, Dropbox, Hostelworld and Tumblr. 

Facebook and Instagram’s parent company Meta has not been included because it is already subject to an EU Commission investigation. X is also under investigation by the EU but is being looked at in areas where there is no overlap with that probe.